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MEE > Torts > Flashcards

Torts Flashcards

1
Q

Intentional Torts - General elements

A

Volitional act (affirmative, not reflexive or unconscious), intent (not motive, “volition” shown by desiring consequences or having purpose to bring about consequences or knowing such consequences are substantially certain to occur, children can form intent), actual causation (but for/substantial factor, liable for all consequences).

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2
Q

Intentional Torts - Transferred intent

A

A intends to commit a tort but instead commits a different tort against the same or different person, in both cases, the intent is transferred to the actual tort or person. Applies to battery, assault, false imprisonment, trespass to land, trespass to chattels.

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3
Q

Intentional Torts - Battery

A

Harmful or offensive contact with P’s person; A acted with intent to cause such contact or imminent apprehension of such contact with P’s person; A’s act caused such contact.

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4
Q

Battery - Intent

A

If something closely connected to P. Intent need not be aware of contact. Delayed contact OK.

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5
Q

Intentional Torts - Assault

A

Act by A creating reasonable apprehension in P of imminent harmful/offensive contact with P’s person; A acted with intent to cause such apprehension or contact; A’s act caused P’s reasonable apprehension of such contact.

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6
Q

Intentional Torts - False imprisonment

A

Intentional confinement of P to bounded area against P’s will; P must be aware of or harmed by confinement. No reasonable means of escape known to P. Embarrassment OK. Not by purported harm to future threats.

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7
Q

False imprisonment - Shopkeeper’s privilege

A

Shopkeeper can detain a shoplifter for a reasonable period of time in a reasonable manner (can also be defense to battery if the shopkeeper has reasonable suspicion to believe that the detained person committed or attempted to steal store property).

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8
Q

Intentional Torts - Intentional infliction of emotional distress (IIED)

A

Extreme and outrageous conduct intentionally or recklessly intended by A that causes severe emotional distress (actual damages) (only intentional tort requiring damages).

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9
Q

IIED - Damages

A

Actual damages for severe emotional distress, not nominal damages, is required.

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10
Q

IIED - Third parties

A

A intentionally or recklessly causes severe emotional distress; 1. A knows P is present + distress is caused by P’s close family relative of 3P (bodily harm not required) + 3P’s emotional distress is so bad that it results in bodily harm to 3P (heart attack, stroke, etc).

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11
Q

Intentional Torts - Trespass to land

A

A’s intentional act (not necessarily to trespass) causes physical invasion of P’s real property.

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12
Q

Trespass to land - Physical invasion

A

If A intentionally enters, causes physical invasion (e.g., light, pesticide) land, not 3P, noise or vibration.

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13
Q

Trespass to land - Damages

A

Not required for intentional entry. Required for negligent, reckless, strict liability trespasses.

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14
Q

Intentional Torts - Trespass to chattels

A

Intentional interference with P’s possessory right to personal property (includes pets).

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15
Q

Trespass to chattels - Dispossession

A

Direct interference with possession - taking or intermeddling (damaging).

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16
Q

Trespass to chattels - Conversion

A

Substantial interference with P’s possessory right to personal property.

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17
Q

Conversion - Remedy

A

May recover rental value or full FMV at time of trespass/conversion (damages) or possession (replevin).

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18
Q

Intentional Torts - Defenses

A

Consent: A’s conduct, not its consequences. It had capacity + express/implied consent + within scope.

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19
Q

Defenses - Self-defense

A

A may use force reasonably believed to be necessary to avoid imminent harm by P.

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20
Q

Self-defense - Reasonable

A

Reasonable and proportionate to P’s force if reasonable person would have believed under attack.

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21
Q

Self-defense - Deadly

A

Where there is a duty to retreat (e.g., state), it only applies when deadly force is being threatened, and there is a safe way of escape. No duty to retreat from home.

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22
Q

Defenses - Defense of property

A

A must first demand that P vacate the conduct before using reasonable force in defense.

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23
Q

Defenses - Defense of others

A

A may act if A reasonably believed that the force is necessary to avoid imminent harm (to the same extent that 3P would be entitled to defend himself from P).

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24
Q

Defenses - Necessity

A

Property torts only, e.g., trespass to real property (land) or interference on personal property.

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25
Q

Necessity - Public necessity

A

A may interfere with P’s property to protect public from harm (absolute defense).

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26
Q

Necessity - Private necessity

A

A may interfere with P’s property if threatened harm is substantially greater than harm A caused by interference. A is liable for any harm caused (unless benefit to P).

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27
Q

Negligence

A
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28
Q

Negligence - Duty

A

To be liable for negligence, A must fail to exercise such care as a reasonable person in his position would have exercised, his conduct must be foreseeable to the risk of harm to anyone in P’s position, and this harm must cause P’s damages.

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29
Q

Duty - Cardozo’s Majority View

A

A owes a duty not to subject P to unreasonable risk of harm. Only to foreseeable Ps.

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30
Q

Duty - Andrews’ Minority View

A

A has a duty of care to everyone, foreseeable or unforeseeable.

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31
Q

Duty - Foreseeable harm

A

A duty is owed to P only if P is among the foreseeable victims who might be harmed (Cardozo - Majority View).

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32
Q

Duty - Special relationships

A

Parent-child, common carriers, innkeepers, school-student. Duty to control third parties.

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33
Q

Negligence - Rescue

A

A has no duty to rescue except if A’s rescue caused further harm or the rescuer was negligent. A has a duty to act as a reasonably prudent person in a similar situation.

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34
Q

Negligence - Negligent infliction of emotional distress (NIED)

A

P must be in zone of danger and have suffered physical symptoms (shock). Bystander liability applies if P was present, close relative, and suffered emotional distress.

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35
Q

Negligence - Standard of care

A

Duty to act as a reasonably prudent person in similar circumstances. Higher standard for professionals and children held to standard of children of similar age, experience, intelligence.

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36
Q

Negligence - Standard of care (statutory)

A

Applicable when a statute provides for criminal penalty and defines the standard if 1) the class of persons the statute was designed to protect, and 2) injury type statute designed to prevent. Violation is negligence per se. EXCEPTIONS: Compliance is beyond A’s control or more dangerous than violation.

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37
Q

Negligence - Children

A

Held to standard of reasonable child of same age, experience, intelligence, unless adult activity

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38
Q

Negligence - Landowners

A

Different types of duty to different types of entrants.

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39
Q

Landowners - Invitee

A

Someone who enters land open to public with intent to confer economic benefit. Exercise reasonable care to prevent injuries.

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40
Q

Landowners - Licensee

A

Someone who enters land not open to public, but no intent to confer economic benefit (guest). Duty to warn of or make safe known dangers.

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41
Q

Landowners - Trespasser

A

Someone who enters land without express/implied consent.

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42
Q

Landowners - Anticipated/known trespasser

A

Duty to warn or make safe known, artificial, highly dangerous conditions.

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43
Q

Landowners - Children

A

Attractive nuisance doctrine: Duty to exercise ordinary care to avoid foreseeable risk of harm to children caused by artificial conditions on property. 1) Dangerous condition known/should be aware, 2) Owner knows/should know children frequent vicinity, 3) Condition likely to cause injury (because of child’s inability to appreciate risk), 4) Expense of remedying danger is outweighed by risk.

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44
Q

Landowners - LL-T liability

A

Common areas (lobby), negligent repairs, known hidden defects, reasonable care to discover and repair defects if LL knows T is going to hold property open to public.

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45
Q

Negligence - Professionals

A

Required to possess and exercise the knowledge and skill of a member of the profession in good standing. Medical specialists held to national standard. General practitioners held to local standard.

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46
Q

Negligence - Custom or usage

A

Evidence to establish standard of care, but a court may find that entire industry is negligent.

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47
Q

Negligence - Breach

A

A’s conduct falls below the required standard of care. Hand formula: Probability of harm x Magnitude of potential harm > Burden of precautions.

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48
Q

Negligence - Res ipsa loquitur

A

Creates an inference of negligence if: 1) Injury ordinarily does not occur without negligence, 2) Injury attributable to A (A had sole control of instrumentality), and 3) P did not contribute to injury.

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49
Q

Negligence - Causation

A

Actual cause (but for/substantial factor) + proximate cause (legal).

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50
Q

Causation - But for

A

Injury would not have occurred but for A’s conduct.

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51
Q

Causation - Substantial factor

A

Multiple causes: Each A’s conduct alone would have been sufficient to bring about injury.

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52
Q

Causation - Indivisible injury

A

Assume joint and several liability.

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53
Q

Causation - Alternative causes

A

Multiple acts: Burden shifts to As to prove their conduct did not cause injury.

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54
Q

Causation - Proximate cause

A

A is liable for harmful results caused by his acts if they were foreseeable (in any manner or harm, e.g., eggshell skull rule).

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55
Q

Causation - Superseding cause

A

Breaks the chain of causation and becomes the proximate cause.

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56
Q

Causation - Intervening cause

A

Does not cut off liability if foreseeable.

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57
Q

Causation - Foreseeable

A

If A should have realized the risk, may still be liable for intentional 3P acts, negligence of rescuers, subsequent medical malpractice, diseases caused by weakened condition, subsequent accident substantially caused by injury.

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58
Q

Negligence - Damages

A

P must prove actual harm (economic: medical expenses, lost earnings, non-economic: pain and suffering). Compensatory damages include past, present, future medical expenses, lost earnings, pain and suffering. No recovery for pure economic loss (loss of money, except in NIED).

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59
Q

Negligence - Defenses

A

Contributory, Assumption of risk, avoidable consequences, professional rescuer

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60
Q

Defenses - Contributory negligence

A

Any fault by P bars recovery. If P had last clear chance to avoid harm, P can recover fully.

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61
Q

Defenses - Assumption of risk

A

P may be barred if I knew of the risk and voluntarily assumed it (subjective standard). Express assumption of risk: clear written/oral release.

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62
Q

Defenses - Professional rescuer/firefighter’s rule

A

If P is injured by risk inherent in occupation (fireman’s rule), recovery for negligence is barred (assumed risk as part of job).

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63
Q

Defenses - Avoidable consequences

A

P fails to take reasonable steps to mitigate damages.

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64
Q

Strict Liability

A
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65
Q

Strict Liability - Animals

A
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66
Q

Animals - Wild animals

A

If P is injured by animal’s characteristic propensity, A is strictly liable to invitees and licensees.

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67
Q

Animals - Domestic animals

A

Keeper is not liable unless he knew or had reason to know of its dangerous propensity.

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68
Q

Strict Liability - Abnormally dangerous activity (ultrahazardous)

A

An activity that is not common usage in the area and creates foreseeable risk of harm even when reasonable care is exercised (e.g., explosives).

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69
Q

Strict Liability - Defenses

A

Contributory negligence: If P knew of the danger, comparative negligence, assumption of risk.

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70
Q

Products Liability

A

Different types of liability for services, e.g., repair, malpractice.

71
Q

Products Liability - Strict liability

A

Any commercial supplier in distribution chain of the product has an absolute duty to supply safe products to any foreseeable P (including bystanders). No privity required.

72
Q

Strict Liability - Duty

A

Must show a type of defect in the product when it left A’s control (breach of absolute duty).

73
Q

Strict Liability - Product defect

A
  1. Product must not be expected to or actually undergo significant changes before it reaches the user. 2. Manufacturing defect: Product came out more dangerous than intended. Prove defect with:
74
Q

Manufacturing defect - Ordinary consumer expectation test

A

Product failed to perform as safely as an ordinary consumer would expect.

75
Q

Manufacturing defect - Design defect

A

Very design resulted in product not safe for its intended use. Prove defect with: Design, Risk Utility

76
Q

Design defect - Feasible alternative test

A

Product could have been made safer without serious impact on product’s price or utility.

77
Q

Design defect - Risk-utility test

A

Danger of design vs. utility to society, feasibility of alternate designs, adequate warnings defect: Product must have clear and complete warnings of dangers that may not be apparent to users. One language OK. Unneeded if obviously dangerous (e.g., knife).

78
Q

Strict Liability - Causation

A

Actual cause: Defect existed when product left A’s control (P need not prove fault). Proximate cause: Type of injury was foreseeable at the time product was placed in stream of commerce.

79
Q

Strict Liability - Damages

A

Physical injury or property damages are recoverable. Purely economic losses NOT recoverable.

80
Q

Strict Liability - Duty to mitigate

A

A has a duty to take reasonable steps to mitigate damages.

81
Q

Products Liability - Defenses

A

Misuse (in an unintended and unforeseeable way), assumption of risk, comparative negligence, contributory negligence if P discovered defect, alteration (3P unforeseeably changes the product).

82
Q

Negligence Liability

A

Analysis similar to ordinary negligence (duty, breach, causation, damages).

83
Q

Negligence Liability - Duty

A

Any foreseeable P. Standard of care of reasonably prudent commercial seller.

84
Q

Negligence Liability - Breach

A

Reasonableness of A’s conduct whose failure resulted in supplying a defective product.

85
Q

Negligence Liability - Causation

A

Actual cause and proximate cause. Learned intermediary rule may also apply.

86
Q

Negligence Liability - Damages

A

Physical injury or property damages. Purely economic losses NOT recoverable.

87
Q

Negligence Liability - Defenses

A

Same as in general negligence.

88
Q

Implied Warranties

A

Merchantability, fitness

89
Q

Implied Warranties - Merchantability

A

Quality and fitness for ordinary purposes.

90
Q

Implied Warranties - Fitness for particular purpose

A

Seller knows the particular purposes the goods are required for and the buyer is relying on the seller’s skill and judgment in selecting the goods.

91
Q

Implied Warranties - Breach

A

If product fails to live up to the warranties, P can recover damages for personal injury, property damages, and purely economic loss.

92
Q

Implied Warranties - Causation

A

Actual + proximate cause same as in general negligence.

93
Q

Implied Warranties - Damages

A

Personal injury, property damages, purely economic losses are recoverable.

94
Q

Implied Warranties - Defenses

A

Assumption of risk (using while knowing breach), contributory negligence if P discovered defect, failure to give notice of breach (under UCC).

95
Q

Negligence - Defenses

A

Contributory, assumption of risk, professional, avoidable consequences

96
Q

Defenses - Contributory negligence

A

Any fault by P bars recovery. If P had last clear chance to avoid harm, P can recover fully.

97
Q

Defenses - Assumption of risk

A

P may be barred if I knew of the risk and voluntarily assumed it (subjective standard). Express assumption of risk: clear written/oral release.

98
Q

Defenses - Professional rescuer/firefighter’s rule

A

If P is injured by risk inherent in occupation (fireman’s rule), recovery for negligence is barred (assumed risk as part of job).

99
Q

Defenses - Avoidable consequences

A

P fails to take reasonable steps to mitigate damages.

100
Q

Strict Liability

A

Strictly liable regardless of mens rea

101
Q

Strict Liability - Animals

A

Wild and domestic

102
Q

Animals - Wild animals

A

If P is injured by animal’s characteristic propensity, A is strictly liable to invitees and licensees.

103
Q

Animals - Domestic animals

A

Keeper is not liable unless he knew or had reason to know of its dangerous propensity.

104
Q

Strict Liability - Abnormally dangerous activity (ultrahazardous)

A

An activity that is not common usage in the area and creates foreseeable risk of harm even when reasonable care is exercised (e.g., explosives).

105
Q

Strict Liability - Defenses

A

Contributory negligence: If P knew of the danger, comparative negligence, assumption of risk.

106
Q

Products Liability

A

Different types of liability for services, e.g., repair, malpractice.

107
Q

Products Liability - Strict liability

A

Any commercial supplier in distribution chain of the product has an absolute duty to supply safe products to any foreseeable P (including bystanders). No privity required.

108
Q

Strict Liability - Duty

A

Must show a type of defect in the product when it left A’s control (breach of absolute duty).

109
Q

Strict Liability - Product defect

A
  1. Product must not be expected to or actually undergo significant changes before it reaches the user. 2. Manufacturing defect: Product came out more dangerous than intended. Prove defect with:
110
Q

Manufacturing defect - Ordinary consumer expectation test

A

Product failed to perform as safely as an ordinary consumer would expect.

111
Q

Manufacturing defect - Design defect

A

Very design resulted in product not safe for its intended use. Prove defect with:

112
Q

Design defect - Feasible alternative test

A

Product could have been made safer without serious impact on product’s price or utility.

113
Q

Design defect - Risk-utility test

A

Danger of design vs. utility to society, feasibility of alternate designs, adequate warnings defect: Product must have clear and complete warnings of dangers that may not be apparent to users. One language OK. Unneeded if obviously dangerous (e.g., knife).

114
Q

Strict Liability - Causation

A

Actual cause: Defect existed when product left A’s control (P need not prove fault). Proximate cause: Type of injury was foreseeable at the time product was placed in stream of commerce.

115
Q

Strict Liability - Damages

A

Physical injury or property damages are recoverable. Purely economic losses NOT recoverable.

116
Q

Strict Liability - Duty to mitigate

A

A has a duty to take reasonable steps to mitigate damages.

117
Q

Products Liability - Defenses

A

Misuse (in an unintended and unforeseeable way), assumption of risk, comparative negligence, contributory negligence if P discovered defect, alteration (3P unforeseeably changes the product).

118
Q

Negligence Liability

A

Analysis similar to ordinary negligence (duty, breach, causation, damages).

119
Q

Negligence Liability - Duty

A

Any foreseeable P. Standard of care of reasonably prudent commercial seller.

120
Q

Negligence Liability - Breach

A

Reasonableness of A’s conduct whose failure resulted in supplying a defective product.

121
Q

Negligence Liability - Causation

A

Actual cause and proximate cause. Learned intermediary rule may also apply.

122
Q

Negligence Liability - Damages

A

Physical injury or property damages. Purely economic losses NOT recoverable.

123
Q

Negligence Liability - Defenses

A

Same as in general negligence.

124
Q

Implied Warranties

A
125
Q

Implied Warranties - Merchantability

A

Quality and fitness for ordinary purposes.

126
Q

Implied Warranties - Fitness for particular purpose

A

Seller knows the particular purposes the goods are required for and the buyer is relying on the seller’s skill and judgment in selecting the goods.

127
Q

Implied Warranties - Breach

A

If product fails to live up to the warranties, P can recover damages for personal injury, property damages, and purely economic loss.

128
Q

Implied Warranties - Causation

A

Actual + proximate cause same as in general negligence.

129
Q

Implied Warranties - Damages

A

Personal injury, property damages, purely economic losses are recoverable.

130
Q

Implied Warranties - Defenses

A

Assumption of risk (using while knowing breach), contributory negligence if P discovered defect, failure to give notice of breach (under UCC).

131
Q

Defamation

A

To establish a prima facie case for defamation, the following 4 elements must be proved:

132
Q

Defamation - Defamatory language

A

Language tending to adversely affect one’s reputation. Opinions must be based on specific facts to be actionable.

133
Q

Defamation - Of or concerning P

A

Reasonable person would understand that the statement referred to P (incl. within a small group).

134
Q

Defamation - Publication

A

Someone other than P received and reasonably understood the defamatory matter about P. A’s negligent or intentional publication (intend to publish, not to defame).

135
Q

Defamation - Damage to P’s reputation

A

Must be proved depending on the type of defamation (libel or slander).

136
Q

Defamation - Libel

A

Any communication that has some permanence (e.g., writing, radio, TV, photo). General damages presumed.

137
Q

Defamation - Slander

A

Spoken or oral defamation. P must prove special (pecuniary) damages, unless slander per se (impute improper conduct in P’s trade, accusation of crime involving moral turpitude, current loathsome disease, lack of chastity of woman).

138
Q

Defamation - Constitutional issues

A

Further analysis for any case of defamation involving matters of public concern.

139
Q

Constitutional Issues - Falsity

A

P must prove that the statement was false. If not, P may still raise IIED or privacy torts.

140
Q

Constitutional Issues - Fault

A

If P is: 1) Public official/figure: A public figure has achieved fame or notoriety or has voluntarily assumed a central role in a public controversy. P must show malice (knowledge of falsity of statement or reckless disregard as to truth or falsity). 2) Private person, public concern: P need only prove negligence regarding falsity and actual injury (actual damages). 3) Private person: Constitutional restrictions do not apply. Prove publication only.

141
Q

Defamation - Defenses

A
142
Q

Defenses - Qualified privilege

A

Common: A that appears reasonably necessary to protect A’s own legitimate interests or is of interest to recipient (e.g., past employer’s reference, reports of public hearings, newsworthy events).

143
Q

Qualified privilege - Exceptions

A

A loses privilege if acted with malice (know falsity or recklessly disregard truth) or statement is outside the scope of privilege.

144
Q

Defenses - Truth

A

If A can prove substantial truth, it would be a defense (It’s burden to prove falsity).

145
Q

Defenses - Absolute privilege

A

Privilege until repeated in a context where there is no privilege. Statements made by legislators (or aides) on floor, between federal executive officials, judicial proceedings, comm’n between spouses.

146
Q

Nuisance

A
147
Q

Nuisance - Private nuisance

A

A substantial and unreasonable interference with P’s use and enjoyment of possessed land by intentional, negligent, or abnormally dangerous conduct.

148
Q

Private nuisance - Substantial

A

Offensive, inconvenient, or annoying to an average person in the community.

149
Q

Private nuisance - Unreasonable

A

Severity of injury > utility of A’s conduct.

150
Q

Nuisance - Public nuisance

A

Unreasonable interference with health, safety, moral right common to the general public. Suit typically brought by gov’t actor. Private party can bring action if he suffered unique damage.

151
Q

Privacy Torts

A
152
Q

Privacy Torts - Commercial appropriation

A

Unauthorized (no permission or negligent in verifying) use of P’s picture or name for A’s commercial purpose. Intent not needed if identified by name as long as clear that the ad is meant to depict that person.

153
Q

Privacy Torts - Intrusion into seclusion

A

A intentionally interferes with P’s zone of privacy in a manner offensive to a reasonable person (for example, eavesdropping, wiretapping, stalking).

154
Q

Privacy Torts - Public disclosure of private facts

A

Disclosure of true facts that 1) would be highly offensive to a reasonable person and 2) is not newsworthy (not a matter of public interest).

155
Q

Privacy Torts - Portrayal in a false light

A

Publication of false information that would be highly offensive to a reasonable person.

156
Q

Miscellaneous - Vicarious liability of employer or supervisor for

A
157
Q

Vicarious liability - Respondeat superior

A

If an employee’s negligent within scope of employment, under employer’s direction, or while engaged in employer’s business, employer is vicariously liable for employee’s tortious acts.

158
Q

Respondeat superior - Frolic and detour

A

An employee making a minor detour from the employer’s business for own purposes is still acting within the scope of employment (detour).

159
Q

Respondeat superior - Intentional torts

A

Employer may be liable for intentional torts if committed for employer’s benefit or authorized (e.g., bouncer, bill collector).

160
Q

Miscellaneous - Independent contractor (IC)

A

Person whose hirer has no IC is not vicariously liable for negligence of IC unless IC is engaged in inherently dangerous activity (excavating next to public sidewalk), or duty is non-delegable (as a matter of public policy or safety).

161
Q

Miscellaneous - Negligent hiring/supervision

A

Employers may be liable for own negligence by hiring or supervising employee or IC. This is not “vicarious liability.”

162
Q

Miscellaneous - Joint venture

A

Undertaking to carry out objectives that associates have equal voice or direct enterprise. Each participant vicariously liable for tortious acts within the scope of the enterprise.

163
Q

Miscellaneous - Bailment

A

Bailee (holder of goods) liable for damages if there is a bailment and the bailee is negligent.

164
Q

Vicarious Liability - Child

A

A parent is under a duty to exercise reasonable care to control his minor child to prevent intentional harm or risk of harm to others if the parent 1) knows or has reason to know that he can control his child and 2) knows or should know of the necessity and opportunity for exercising such control. Parents are not vicariously liable for their children’s tort, UNLESS the child committed a tort while acting as the agent for the parents. Negligent supervision/entrustment: Parents may be liable for own torts where they had a reason to know of any propensities of the child; they owe a duty to those who might be injured by the child.

165
Q

Misrepresentation

A
166
Q

Misrepresentation - Fraudulent misrepresentation

A

Material misrepresentation made with intent or knowledge to mislead, and P reasonably relied on the misrepresentation.

167
Q

Misrepresentation - Negligent misrepresentation

A

Material misrepresentation made with negligent or innocent scienter, and P reasonably relied on the misrepresentation.

168
Q

Misrepresentation - Fraudulent nondisclosure

A

Silence when there was a duty to disclose a material fact, and P reasonably expected disclosure.

169
Q

Wrongful Institution of Proceedings - Malicious prosecution

A

Institution of criminal/civil proceedings against P (former A) without probable cause, without proper purpose (malice), where P prevailed on the merits, and P suffered damages.

170
Q

Wrongful Institution of Proceedings - Abuse of process

A

Wrongful use of process for an ulterior purpose + act or threat against P to accomplish purpose.

171
Q

Interference with Contractual Relations

A

A knew of valid K between P and 3P + acted with purpose of having K breached or made harder to perform + damages.

172
Q

Loss of Consortium and Services

A

P spouse may recover against A for injuring P’s spouse and depriving the benefits of the spousal relationship, including the loss of companionship, comfort, society, and sexual relations.

173
Q

Survival Action

A

Cause of action that survives the death of a party, only applicable to injury to property and person, not to personal interests (e.g., defamation, privacy, malicious prosecution) which expire upon death.

174
Q

Wrongful Death

A

Actions based on wrongful death provide monetary relief for injury resulting to the spouse and next of kin (but not to creditors). Recovery is allowed to the extent that the deceased could have recovered in an action had he lived; e.g., decedent’s contributory negligence reduces wrongful death recovery in comparative negligence jurisdictions.

MEE (10 decks)

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